A wrongful death refers to the claim of a personal injury lawsuit that is a special kind, made when a person is killed owing to the negligence or intentional act of another party.
Wrongful Death Lawsuits
A wrongful death lawsuit claims that the victim was the ultimate victim of gross negligence by a third party. If litigated and found to be a valid claim, the survivors of the victim may be entitled to receive a monetary award to address the matter of damages, which could amount to millions.
A $25.8 million was received as a personal injury settlement in 2003 when a wrongful death lawsuit was filed by the children and family of a cancer patient who died as she was given ten times stronger prescription, than that she was prescribed by her doctor.
Wrongful death claim related lawsuits allow the deceased person’s survivors to file a lawsuit against the person or company that was liable for the incident. Normally these type of lawsuits are filed by a surviving family member or by affected parties on behalf of the deceased. In short, there is recourse for people who lost a loved one due to the fault of another.
When to Pursue a Wrongful Death Claim in Court
A tort related lawsuit happens in various situations such as:
- A person is killed intentionally
- A person was killed accidentally
- Victim’s death was due to medical malpractice
- Car accidents due to negligence causing a death
When Personal Injury Results in Death
These are few examples of personal injury cases that get transformed into wrongful death claims. In fact, a wrongful death claim could rise out of most personal injury cases if the injured dies.
However, if you want the defendant to be liable in such a claim of wrongful death, the plaintiff must have the burden of proof that the victim had to meet, if he lived.
Using the argument that the incident occurred on the basis of negligence, it shows that the defendant was liable for a duty of care and there was a breach of this duty, owing to this wrongful death and so the damages of this death is been trying to be recovered by the plaintiff. Houston personal injury and wrongful death tort attorneys should be able to answer any questions you have.
Who Can File a Wrongful Death Claim?
A wrongful death claim can be filed by the deceased victims any of the representative, on behalf of the survivors who were related to the victim. The survivors may vary from state to state. However, a spouse in all states may claim a wrongful death action on behalf of her deceased spouse. Likewise, parents of minors may also claim in case one of their children gets killed or minors can for their parents death. Usually, the familial relationship that is more distant means the claim is harder to collect on wrongful death damages.